Court dismisses Jaya’s plea to change judge
A special court, trying the disproportionate assets case against Tamil Nadu Chief Minister J. Jayalalithaa, on Tuesday dismissed petitions challenging the appointment of the court judge. Special Court Judge B.M. Mallikarjunaiah rejected the petitions filed by Jayalalithaa and others, saying there is no substantial ground in the petitioners’ contention that the judge in the case is not a special judge under Section 3 of the Prevention of Corruption (PC) Act.
The court said that following the order of transfer of court by the Supreme Court, under clause A and clause B, the notification (by High Court) in question is in order and in accordance with Section 3 of the PC Act. The judge held that there is no need for the court “to desist from hearing the present case’’. It also rejected the petition filed on Monday for reopening and hearing the applications again.
When Ms Jayalalithaa's counsel B. Kumar and co-accused Sasikala Natarajan’s counsel C. Manishankhar sought two weeks to approach the HC, the judge said, “Time is sought every time to protract proceedings.” Assistant Special Public Prosecutor Sandesh Chowta opposed the plea, saying, “This can't be a ground to seek time.” He submitted that the proceedings in the case should go on a daily basis as per the directions of the Supreme Court, which had transferred the case to Bengaluru. The special court adjourned the case to July 24 for further recording of Ms Sasikala’s statement with a notice to interpreter C. Harish to be present that day.
Ms Jayalalithaa had questioned Mallikarjunaiah’s appointment as special judge, arguing that the state government had not issued any specific notification for his appointment as stipulated under Section 3 (1) of PC Act. After previous Judge A.S. Pachapure’s elevation to the high court, the HC had issued a notification appointing Justice Mallikarjunaiah as special judge, while no notification by the state government was issued.
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